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Dax F. Garza, P.C.

Fitness Trackers Being Used in Lawsuits

Smartwatches and fitness trackers are becoming a popular trend in today’s society, with devices such as the Fitbit, Apple watch, and Garmin Vivofit leading in popularity. These devices are advertised to monitor your everyday activity levels in an effort to promote a healthier lifestyle. In order to work appropriately, fitness trackers and other wearable technology devices must collect data about the wearer. This data is trackable and works essentially the same as black box data in an automobile or airplane, remaining available for review long after the collection date. This allows users to monitor their motion levels to ensure an increase in exercise and wellness activities over a long stretch of time. Recently, however, this data has been used in lawsuits.

The physical activity level data collected by Fitbits and other trackers are accessible to outside parties in certain situations. Wearers should understand that activity tracked on these devices is many times on that the woman’s report of a sexual assault was untrue, so he used the Fitbit as further evidence. The device proved that the woman took approximately 1,000 steps after the time she claimed to have gone to bed and prior to calling 911. Officers believe that she staged the crime scene during those extra steps, and she has since been charged with tampering with evidence and filing a false report.

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Dax F. Garza
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